Choose either PAF or PIA, SC tells Arshad Malik

[StormBreaker]

ISLAMABAD: The Supreme Court (SC) on Thursday declared Air Marshal Arshad Mehmood Malik’s appointment as head of the Pakistan International Airlines (PIA) “illegal”, saying he could not hold two posts at the same time.

A three-member bench headed by Chief Justice Gulzar Ahmed asked Malik to choose between serving in the Pakistan Air Force or as Chief Executive Officer (CEO) of PIA.

Earlier, on January 21, the SC had rejected Malik’s appeal against the Sindh High Court’s decision to stop him from performing any functions as CEO of the national airline until a final decision in the present case is made.

“Arshad Mehmood Malik should resign from the air force and permanently join PIA. Only one thing can be done, either work in PAF or PIA,” remarked the chief justice.

The court noted that the national airline required a “permanent chairman” who can run it along professional lines and make it profitable.

The court asked Malik to submit a definite answer by the next hearing which will be in the first week of March.

When Salman Akram Raja, representing the PIA’s board of governors told the court that former Air Marshal Nur Khan had also worked for the national carrier, the chief justice remarked that “they were big people and should not be compared to anyone”.

Justice Sajjad Ali Shah said that if the court accepted the advocate’s argument, stating that if “the union employees would not let PIA function unless there was the stick of the army”, then the government “should close all its offices”.

The SC also rejected PIA’s report about the mysterious sale of an Airbus plane owned by the national flag carrier in 2017, observing that it had only conducted a “paper investigation” into the matter.

The court directed the National Accountability Bureau to continue its investigation into how the plane was sold.

The mysterious sale of the PIA plane had caught the attention of the SC on Feb 13 when it questioned whether the sale of the aircraft — a public property — amounted to a national offence or not.

SOURCE : Profit

 

[AgNoStiC MuSliM]

A three-member bench headed by Chief Justice Gulzar Ahmed asked Malik to choose between serving in the Pakistan Air Force or as Chief Executive Officer (CEO) of PIA.

In my view that's a perfectly reasonable approach and a valid argument.

 

[StormBreaker]

ISLAMABAD:
When Salman Akram Raja, representing the PIA’s board of governors told the court that former Air Marshal Nur Khan had also worked for the national carrier, the chief justice remarked that “they were big people and should not be compared to anyone”.

Justice Sajjad Ali Shah said that if the court accepted the advocate’s argument, stating that if “the union employees would not let PIA function unless there was the stick of the army”, then the government “should close all its offices”.

The SC also rejected PIA’s report about the mysterious sale of an Airbus plane owned by the national flag carrier in 2017, observing that it had only conducted a “paper investigation” into the matter.

The court directed the National Accountability Bureau to continue its investigation into how the plane was sold.

The mysterious sale of the PIA plane had caught the attention of the SC on Feb 13 when it questioned whether the sale of the aircraft — a public property — amounted to a national offence or not.

SOURCE : Profit

The bold and underlined statement of CJ hints at possible personal grudge since the statement is indirectly insulting or more specifically degrading AM Arshad Malik Saheb. Arshad Malik is a very competent and dedicated person, although, i think, if he has no chance of succeeding ACM Mujahid, he should resign and instead join PIA because PIA is in dire need of such a leadership to throw away these scumbags of union who want free money from PIA and do nothing except for destroying the carrier.

However, such a risk won’t confirm his post on PIA as well, hurdles came now, they might come in the future as well, who knows the anti Arshad Malik lobby in future might succeed in getting him sacked from PIA.

Lets see what comes of it in coming weeks.

@The Eagle What do you predict, Is he a possible next ACM ?

In my view that's a perfectly reasonable approach and a valid argument.

I second that, Law is Law. His service in Air Force is also good as well as in PIA, but it isn’t fair to be at 2 posts at a time and Military code of conduct also forbids this.

 

[Apocalypse]

He is already due to retire in July from the Air Force.

 

[Zulfiqar]

He is not holding two "posts".

There is a difference between rank/grade and functional title/command.

Biased judge is clearly omitting that.

This is apart from the fact that he is on deputation.

Half of our bureaucrats are on deputation to other ministries/depts.

 

[Flash_Ninja]

He is not holding two "posts".

There is a difference between rank/grade and functional title/command.

Biased judge is clearly omitting that.

This is apart from the fact that he is on deputation.

Half of our bureaucrats are on deputation to other ministries/depts.

PIA doesnt come under the military structure though, so I dont think thats a valid point.

His appointment should have been temporary or he should have retired to take the job.

 

[Gripen9]

ACM Farooq Feroze Khan was Chairman PIA before he was made CAS (under a civilian PM). AM Farooq Umar served as Chariman PIA (while still in service). The courst had no issue then
Will not reference ACM Nur Khan (he was a different breed altogether)

 

[Last starfighter]

He is not holding two "posts".

There is a difference between rank/grade and functional title/command.

Biased judge is clearly omitting that.

This is apart from the fact that he is on deputation.

Half of our bureaucrats are on deputation to other ministries/depts.

Agreed but don't forget the most of the opposing politicians hold a work permit for the middle East
Lol

 

[The Accountant]

ACM Farooq Feroze Khan was Chairman PIA before he was made CAS (under a civilian PM). AM Farooq Umar served as Chariman PIA (while still in service). The courst had no issue then
Will not reference ACM Nur Khan (he was a different breed altogether)

Mistake of past should not be taken as a reference. This is a fair demand. Chairmanship of PIA is a difficult job and requires full attention.

On the other hand PAF is also not a oiece if cake. You cant have both cakes.

 

[flameboard]

In my view that's a perfectly reasonable approach and a valid argument.

This argument would be appropriate if the people saying it were the employers of the CEO. A judge should only speak like this if there is a requirement by law. Judges aren’t there to enforce their personal emotions rather to enforce the law according to their best understanding based on legal guidelines.

 

[Tipu7]

In my view that's a perfectly reasonable approach and a valid argument.

He didn't choose PIA. He was pushed into PIA.

 

[Gripen9]

Mistake of past should not be taken as a reference. This is a fair demand. Chairmanship of PIA is a difficult job and requires full attention.

On the other hand PAF is also not a oiece if cake. You cant have both cakes.

He does not have 2 commands under him.

He is only performing duties of the Chairman of PIA he does not also hold the position of Director PAC.

Is there a law that he is violating?

 

[Bilal.]

He didn't choose PIA. He was pushed into PIA.

Even though, if it comes to it and there is no other choice, he should choose to continue at PIA and fix it as his duty to the country.

It’s bleeding billions and this man has made good progress in fixing it, he should not leave the mission midway.

 

[Zulfiqar]

PIA doesnt come under the military structure though, so I dont think thats a valid point.

His appointment should have been temporary or he should have retired to take the job.

It has nothing to do with military structure. We have similar things in civilian jobs.

My grade/pay scale is a separate thing and my functional title has nothing to do with my pay scale/grade.

I have had people working under me that were three pay grades above me but the position that they held was subordinated to mine.

He holds a rank from the air force. However, he is not doing holding a position/command there. He is only holding one position in PIA as he has been sent there on deputation.

If the judge has any problem with deputation then he should pass a judgement and get all the govt. officials that are on deputation across the country to be transferred back to their respective parent departments.

 

[The Accountant]

He does not have 2 commands under him.

He is only performing duties of the Chairman of PIA he does not also hold the position of Director PAC.

Is there a law that he is violating?

Yes. You cant serve in two different departments at a time. If he do not hild any poaition then why dont simply resign from PAF whose responsibility is to protect skies of Pakistan whereas PIA responsibility is a public limited company whose job is to earn profit

I think this is a simple principle request by SC. Rather than making it a matter of personnal ego he should accept the responsibility at PIA. I will be grateful to him if he manages to turn around the PIA. There are other capable hands in PAF that can do the job but in PIA we need some strong heads